Posted on September 12, 2019 by Federal Disability Retirement Attorney

Yet, there is but one of those; unique, limited in duration, mortal and allegedly comprised of free will unfettered by the classical notion of pre-determinism; and yet, we all tire of “it” — of life’s trials and challenges unexpectedly and (so we say) unfairly posed.

Life is tiring; the tiring life we live possesses so many components to it: Of problems arisen; problems created; problems confronted; problems ongoing. And like the popular arcade game of Whac-a-Mole, where the head of a problem pops up the moment you think you have resolved another, there seems to be an endless stream of misery no matter how hard we try.

Was life always this hard? Let’s remember Thomas Hobbes’ famous (or infamous, however you want to characterize it) quote from Leviathan, that the “life of man, solitary, poor, nasty, brutish and short.” Yet, surely life and the conditions surrounding have improved since he wrote his Magnum Opus in the mid-17th Century — of advances in medicine, antibiotics that prevent simple infections that lead to death; of greater focus upon leisure activities instead of a constant striving to gather food just to survive (i.e., a short trip to the supermarket as opposed to hunting or farming for your own food); of entertainment wired directly into your living quarters; and many other advantages besides that are plentiful in modernity previously unthought of.

But that’s not the point, is it? It is the tiring of life because of the constant struggle, whether of financial, ethical, personal or professional — that seems to confront us daily. And when medical conditions deteriorate, it seems to exponentially compound even the slightest nudge of difficulties presented. For Federal employees and U.S. Postal workers who suffer from a medical condition and whether the medical conditions prevent the Federal employee from continuing in his or her career, it may be time to consider preparing and filing a FERS Disability Retirement application.

The Tiring Life is one which we are all confronted with; and the truth is that we all live for those sporadic moments of peaceful joy. But when a medical condition seems to take over every aspect of such periodic moments of joy, it is then time to consult with a FERS Attorney who specializes in Federal Disability Retirement, lest the Tiring Life turns into a Life so Tiring that we end up making a wrong decision because of lack of knowledge or foresight.

There are various “battles” of historical import, including “The Battle of Britain”, “The Battle of the Bulge”, and many others besides, whether popularly so named or forgotten within the annals of history’s short memory. Then, every year, around this time where April and May meld into a battle of morning frosts and potentially damaging tug-and-pull between winter’s discontent and spring’s yearning for the robin’s call, we wake up one morning and realize that the desolation of winter has finally passed.

Isn’t that how life is, often enough? There is that in-between period, where tension remains and uncertainty abounds, until the final resolution appears unnoticed, like the unwanted friend who stays beyond the welcoming time of twilight conversations only to finally depart, and the unpleasantries exchanged during conversations left imagined fade into the inglorious memory of yesterday’s sorrows.

Medical conditions, too, are a “battle” of sorts, and create a tension that will not let go, will not release, and will not give up despite every attempt to ignore, placate and shun. The stubbornness of a medical condition cannot be ignored; its impact, unwilling to be forgotten; and its tension, unable to be released.

That is why, for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the tension and anxiety formed by the very existence of the medical condition is likened to the many “battles” that we face in life.

Perhaps it is a metaphorical observation; and like the allegories that give life-lessons, maybe there is an underlying meaning that can be extracted from the trials endured.

In the meantime, what the Federal or Postal employee needs to do, is to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in order to release the tension that exists between work and life, work and medical condition, work and ….

The Battle of Spring will come and go, just like all of the other “battles” that have been fought throughout history; and this private battle against the medical condition itself is merely a private friction that also needs to be fought, on terms that create a more level playing field by consulting with an attorney who specializes in Federal Disability Retirement Law.

When does avoidance become a problem? Say you found out something about a close friend or neighbor — an embarrassing fact, a hidden truth or perhaps a juicy tidbit of revelations that could topple a friendship or marriage — and your self-guiding principle of being honest and forthright scares you into believing that, were you to encounter the person, you fear that either your demeanor will reveal that hidden secret, or you may be a person who cannot control your emotions and you believe that you may blurt out the secret and damage, ruin or perhaps even end the relationship altogether.

Or, maybe you avoid something simply because you dislike doing it, or fear the consequences of finding out the truth, or even disregard knowing that if you seek it and find it, the discovery itself would merely confirm the fears of life’s travails that you believe are better left alone.

What we don’t know, we can deal with; that which, once uncovered, revealed and brought out into the open, we suddenly realize is a certainty that cannot be avoided. Is work becoming that way? Are coworkers likewise avoiding you, and you them, with eyes averted, speaking about the weather, the last sports extravaganza, how the Orioles never seem to make the final push or whether money ruins the equality of teams, etc.?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal job, the issue of the avoidance factor looms large.

Everyone begins to avoid the obvious — that you have a medical condition; that your medical condition impacts, impedes and prevents you from performing all of the essential elements of your job; that, perhaps, even your own doctor has already hinted at the truth of your medical condition — that you should likely seek a change of career; that the ceiling of sympathy has been reached, already, and your agency has begun to grumble about termination proceedings; and many other indicators, besides, that showing what everyone is avoiding is actually just a confirmation of the elements needed to prove a Federal Disability Retirement case; it’s just that everyone has been avoiding the obvious.

For, in the end, the proof of a Federal Disability Retirement case is likely already in existence in the very avoidance factor that you and everyone else has been tiptoeing around, and it is precisely the avoidance factor that makes of certainty the issue itself: Now is the time, and not tomorrow; today is the first step that needs to be taken, and not some obscure time down the road, and the avoidance factor that leaves everyone in the dark is like the hidden secret that everyone knows about but believes that he or she is the only one with the truth that, actually, everyone already knew.

What we do in response to outside stimuli; whether we flee, prepare to defend, aggressively pursue, or otherwise stand idle with resignation and do nothing; whither to stand in consternation or to wither without care; throughout, it is the glare of the world, whether by glint of sunlight upon objects surrounding us, or through another’s eyes which magnify the hostility abounding, which requires our tepid psyche to stir in turmoil.

The test of life is often not in others, but in ourselves. By then, perhaps the fight is gone; maybe the slow and incremental shavings that took years to whittle away, manifest a pile of residue left behind, and forever depleting any reserve of response, or stir a final call to arms.

Life has a way of deadening the soul, but it is often the glare of another which provokes the stirrings of the remains of the day. When driving, the sudden glare of sunlight results in a raised hand or reaching for the visor, without thought, in a protective mode; or a reactive temper arising in response to an offending pair of eyes directed with hostility and provocation; in either case, life stirs, and the vestiges of a fight thought lost and gone forever, return with a vengeance and a fury of energy and strength. Don’t ever think that the battle is lost, lest surrender means giving in to cowardice and contemptuous cocoon’s of cornered avarice.

For Federal employees and U.S. Postal workers who daily suffer the indignities of harassment and malice at the hands of the Federal agency or the U.S. Postal Service, who have “given their all” throughout these years, decades and large sections of life and time, the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management can often be determined by the level of fight left in one’s self. Like squinting an eye to examine the level of oil left by pulling out the long and flexible dipstick from the deep caverns of an engine hidden under the hood of a vehicle, the need to stop and examine one’s life represents a pitstop at a station of reserve.

Filing for Federal Disability Retirement benefits through OPM is not a surrender of any magnitude; it is, rather, a response which shows that necessity is recognized, that there is life beyond the “mission of the agency” or the “important work” of the U.S. Postal Service, and being treated in ways demeaning does not mandatorily correlate to one’s deteriorating health.

Preparing, formulating and filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not an indicator of one’s reserve of strength or vitality left in check, but rather the necessary response, thoughtlessly reactive or otherwise, when the glare of another hits the Federal or Postal employee without warning or prefatory contingencies, and when life and living are realized and identified as precious beyond mere voodoo of echoing motions set long ago in a time when youth beckoned beyond call of purpose.

It is an actual pocket of calm in areas of the Atlantic and Pacific Oceans, where maritime sailors dreaded in days of yore because they presented calm and quietude when the necessity for winds to power the sails of movement suddenly died and disappeared. One could be trapped for weeks, and sometimes months, when the doldrums hit.

In modern vernacular, of course, they represent a parallel metaphor — of that state of emotional inactivity and rut of life, where melancholy and gloominess overwhelms. Sometimes, such despair and despondency is purely an internal condition; other times, it is contributed by circumstances of personal or professional environment.

For the Federal employee or the U.S. Postal Worker who suffers from the former because of a medical condition which leads to a state of dysphoria, the need to file for Federal Disability Retirement benefits often commingles with the latter, precisely because the internal and external are inevitably interconnected. The emotional doldrums become exacerbated by the toxic environment engendered and propagated by reactions engaged in by the agency; and the continuing effect becomes a further cause because of the hostility shown and heightened actions proposed.

How does one escape the doldrums of stale despair? For the mariner whose power depended upon the winds of change, waiting for altered conditions was the only avenue of hope; for the Federal or Postal worker who suffers from a medical condition, such that the medical condition presents a doldrum of another sort, taking affirmative steps by preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or Postal worker is under FERS, CSRS or CSRS Offset, is the primary and most effective manner for efficacious change.

Sitting around helplessly like a victim of the vicissitudes of life may have been the way of past responses; for the Federal and Postal employee of modernity, we have greater control over the destiny of one’s future, but to utilize the tools of change requires action beyond mere reflection upon the doldrums of life.

Sometimes, there are moments of clarity where one is left with wonderment at the behavioral folly of individuals, organizations, and groups of collective consciousnesses (what an untenable word — the pluralization of that which ends in what appears to be the plural form of the noun). Whether one agrees with the Supreme Court’s holding that corporations should be treated as “persons”, the fact is that organizations act in collective aggregates in similar manners as individuals and amoebas.

Group-think, herd mentality and symbiotic consciousness of behavior is not unfamiliar to us all; for Federal and Postal employees who suffer from a medical condition, and where the medical condition leads the Federal employee or the U.S. Postal worker to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether that Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is a fairly routine matter that engagement with one’s agency can be characterized as one of hostility, unpleasantness or unfriendly separation.

Why this is so; what bonds of loyalty become severed merely because the Federal or Postal employee expresses an intent to terminate the employment relationship as a consequence of the onset and intervention of a medical condition; and how the contextual animosity develops into a flashpoint where the Federal agency or the U.S. Postal Service believes that it must initiate adverse actions or punitive measures; these are all wrapped up within the conundrum of complexities which characterize the human condition, and that is why organizations and organic aggregates of individuals comprise a compendium of human behavior.

It is, in the end, an unexplained and incomprehensible phenomena; what it is; how it can be explained; where one goes to for enlightenment; these questions must be relegated to the dark corners of behavioral recesses within those chasms between sanity and twilight.

If you ascribe something to everything, then nothingness results. For, to declare that all of X is contained in Y is to delete X into irrelevancy, and leave Y with nothing but X, thereby subsuming everything with nothing. Thus, when we argue for a form of pantheism, the language of “all” tends to diminish the uniqueness of singularity, and the meanings of distinction and difference. Fortunately, however, separate identities naturally manifest for specific entities where the exceptional outshines the mundane.

For human beings, the exceptional occurs daily precisely because there exist no mundane souls, only ones whose lives have developed a callousness to tragedy so thick that empathy has been extinguished for the price of a forgotten soul. Thus do we have the proverbial “faceless bureaucrat” who merely stamps all incoming papers with repetitive monotony, and fails to view the content and substantive humanity beneath the surface of the linguistic mirage of daily deluge.

For Federal employees and U.S. Postal workers formulating one’s Federal Disability Retirement application, that is the door one is attempting to unlock, isn’t it? Every case has a unique “soul” to it; but from the viewpoint of a bureaucracy, such an argument only extinguishes the singularity of one’s own extraordinary circumstances into all others, and by doing so, that “something” becomes mere nothingness.

The key to cut through to the soul of the administrative process is by revealing the separateness of a Federal Disability Retirement case with the individuality of “this” case, in “this” instance, for “this” reason.

That is a tall order to fulfill.

For, as each Federal Disability Retirement application has a human story to tell, so the paper presentation to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, must provide a narrative with a soul, and one which is not merely one among many, but unique in its singularity of particular facts and circumstances. In other words, the “soul” of the case must be delineated with a soulful echo of humanity.

Seven False Myths about OPM Disability Retirement

1) I have to be totally disabled to get Postal or Federal disability retirement.
False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job. Thus, it is a much lower standard of disability.

2) My injury or illness has to be job-related.
False: You can get disability even if your condition is not work related. If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

3) I have to quit my federal job first to get disability.
False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.

4) I can't get disability if I suffer from a mental or nervous condition.
False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

5) Disability retirement is approved by DOL Workers Comp.
False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

6) I can wait for OPM disability retirement for many years after separation.
False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.